Supreme Court · 2008 INSC 1400 · Decided 4 December 2008
Chembra Orchard Produce LTD. & ORS. v. Regional Director of Company Affairs & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1400 · [2008] 17 S.C.R. 45
- Case number
- CIVIL APPEAL No. 7115/2008
- Decided
- 4 December 2008
- Bench
- S.H. KAPADIA, AFTAB ALAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act Section 3, 391(1)
Headnote
COMPANIES ACT, 1956: s. 3_91(1) - Application seeking directions to convene a c meeting of creditors and members to consider Scheme of ~ amalgamation - Ex-parte hearing of -Propriety of - HELD: Application for an order for meeting is a preliminary step at the threshold necessary for company to give notice of hearing to the creditors, members and D shareholders - When r. 67 categorically states that summons for directions shall be moved ex-parte, the question of prejudice or rule of natural justice does not come into play - However, while issuing such summons
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